Human Rights in Times of COVID-19: Public Safety vs. Individual Liberty

The flyer for the webinar with pictures of the three panelists

The tension between the authority of governments to impede on individual rights in times of public emergencies and the implications for human rights is a topic that has come into focus as the world reels from the impacts of COVID-19. On Thursday, May 21, the Institute for Human Rights hosted its first webinar on Human Rights in Times of Covid-19, which focused on how we navigate this tension between public safety and individual liberty. Our panelists included Dr. Kathryn Morgan, the Director of the African American Studies Program at UAB and an expert in civil rights, race, and criminal justice policy, Dr. Natasha Zaretsky, a Professor of History at UAB who focuses on contemporary U.S. culture and intersecting histories of women, gender, and families, and Dr. Robert Blanton, the Chair of Political Science and Public Administration at UAB who specializes in international human rights with a focus on human trafficking. We are grateful to our panelists for taking the time to share their expertise on this topic as we navigate this difficult time, and we’re grateful to the UAB/IHR community for your interest and engagement. If you missed the webinar and would like to watch it in its entirety you can find it here. Below is a recap of the event. 

Dr. Morgan focused on the implications of this tension for civil rights in the U.S., reminding us that governments do have the authority and the responsibility during a pandemic to impose restrictions on certain rights afforded by the Constitution in order to keep the most people safe. However, as we are seeing, this is not a cut and dry issue, and there is a lot of disagreement over how to keep people safe and keep the economy functioning. To this end, she mentioned three major concerns: one, what kind of restrictions will be put in place?, two, how long will this go on?, and three, how will these measures be enforced? She also mentioned the variable impact these restrictions and the virus itself will have on different sectors of the population, pointing out how this virus is disproportionately affecting black and brown people who are dying at much higher rates than white people. Dr. Morgan also expressed concern over how federal and state responses to the virus will impact people with disabilities, suggesting that times like this often exacerbate discrimination against these vulnerable populations. 

“When we look at service workers. When we look at people who are in essential positions that help to keep society running, even in a shutdown. Many of those people are from marginalized groups. They are exposed to conditions that really exacerbate the problems of exposure to the coronavirus.”

Dr. Zaretsky discussed the way that partisan division and hostility are shaping this conversation around individual liberties and public health, comparing it to the debate over vaccinations in the U.S. On the one hand, people want and need to work, but at the same time, we see that social distancing and work from home measures are effective in slowing the spread of the virus. And while this seems like a particularly loud and divisive situation, one that the Trump administration is actively inciting, Dr. Zaretsky reminded us that the media is proliferating the opinions at the polar ends of the spectrum, which likely do not represent the views of most Americans. While lockdown protestors are demanding that the economy be reopened so that they can get haircuts and pedicures, it doesn’t seem like they’re considering that this requires other people to risk exposure to the virus so that they can perform these services. What is important to remember is how interconnected we all are. However, in the absence of no comprehensive national plan to end the pandemic, the rampant spread of misinformation, and the politicization of masks and other safety measures, we are left with division and hostility rather than a sense of unity toward a common goal of resolving this crisis. 

“In the context of this pandemic, there is no such thing as individual liberty…it is bringing into view how profoundly interconnected we all are.”

Dr. Blanton spoke of how this tension is playing out on the global stage and how different nations are regarding their human rights commitments during this time. In balancing the human rights with the public good, international law provides a set of standards that calls for restrictions to be necessary, proportionate and non-discriminatory in nature. Of course restrictions on the freedom from things like arbitrary imprisonment or torture should never be lifted under any circumstances. However, Dr. Blanton mentioned what he called “coronavirus coups” happening in places like Hungary, where democratically-elected presidents are using the pandemic to suspend elections and appointment themselves rulers for an indefinite period of time. Other governments have used the pandemic to undermine civil society by using emergency powers to detain journalists and activists and health care workers who criticize the government. In moving forward, Dr. Blanton stressed that the “protection of human rights should not be viewed as an impediment to handling the crisis so much as an essential component of an effective response.”

“Several countries have used the pandemic as an excuse to undermine the rule of law or undermine democratic processes.” 

Community questions

We were pleased to have so much engagement from community members who sent in questions on Facebook for our panelists to address. Here are some of the questions and the responses: 

Would you say now is a good time for the U.S. to join the United Nations in guaranteeing health care and food as positive human rights? 

Dr. Blanton responded to this by saying that this crisis has brought into focus the mediocre job our country does in providing the positive rights, including health care. This has shown the weakness in our existing power structure in that the federal government is pushing to centralize power around the pandemic but at the same time is not able or is not willing to provide the goods and services that states need to combat the virus. He said the U.S. is unusual in its position on not identifying healthcare as a human right, though this is clearly something that needs to change.

Dr. Zaretsky also touched on how this crisis has exposed and exacerbated the pitfalls of the health care system, expressing a cautious optimism that this may serve as an impetus to reframe the healthcare debate in a way that makes forging comprehensive and long-term policy changes possible. Again, this is an example of how the extreme positions have been foregrounded and the wants and needs of the majority go unaccounted for. But there is no denying anymore that changes must be made going forward. 

What about labor rights? They are always tennis to non-existent in the U.S., but especially hard-hit right now as the U.S. and other countries like them slide further under the rug, risking worker safety while they’re at it as part of their coronavirus response. 

In addition to the weakness of our labor unions in the U.S., we fall behind other developed countries in terms of wage levels and working conditions. The crisis is bringing a lot of attention to that, but Dr. Blanton is not terribly optimistic that anything will come of it. The problem is that this requires hefty structural change, not just short-term attention. Dr. Zaretsky pointed out that there have been several labor uprisings during all this – at Amazon and Instacart for example – but these don’t get a whole lot of attention in the media. The focus is largely on militia groups storming the capitols, and the concerns of workers are getting lost in the shuffle. 

It’s easy to think of the two sides during this pandemic as people who resent not being able to shop or eat versus people who are afraid that they will die, but how do you draw the line between what different groups want and how do you decide which voices are listened to? How can a government make both sides feel that they’re being heard? Is there a way to defuse this resentment? 

A big part of this problem, according to Dr. Zaretsky, is that the Trump administration is ratcheting up this animosity by using divisive rhetoric rather than trying to rally people around a common cause. Trump is pitching this as a populist class struggle, and this narrative is dominating the media coverage. This is unfortunate because while there are differences in how Republicans and Democrats think this needs to be handled, the majority of Americans on both sides are in agreement about the need to take the virus seriously and are trying to do what they can to stop the spread. 

We are grateful to our panelists and to all the community members who joined us for the webinar. If you missed the event, you can check out the recording on our Facebook page. 

The Responsibility to Protect, Revisited: Gun Ownership in the United States

Tennessee, Tennessee, Ain’t No Place I’d Rather Be

I grew up in rural Northeastern Tennessee, situated 30 minutes from both the Virginia and North Carolina state borders. In my hometown of Kingsport, itself a part of the Tri-Cities, I inherited many traditional Southern cultural mannerisms and beliefs as a growing kid. True to form, I can whip up banana pudding and biscuits and gravy, I sometimes use the word “ain’t”, and I will always hold the door open for others. Southern culture can be a simple one; try sitting on your front porch for the entire weekend – something we in Tennessee consider high entertainment. Tennessee made me a fan of great music (I’m an avid Bonnaroovian), a taste for delicious foods (ever tried Pal’s Sudden Service?), and a reverence of nature. My family, tried-and-true Southern kinsfolk, embody many Southern ideals. Most of these traditions, such as saying, “yes ma’am” and “no sir” are benign. These mannerisms just are – part of the charm of hailing from the South. Tradition is quintessentially Southern.

A photo of the author's family farm in Tennessee.
“Tennessee.” Photo by: Nicholas R. Sherwood

Part of a traditional Southern rearing is a respect for and knowledge of firearms. Almost all members of my extended family know how to operate these weapons using proper gun safety measures. I recall many afternoons as a child refining my marksmanship. This often involved setting up targets (nothing fancy, soda cans would do) across long pastures in the various farms my family owns. All the cousins and our parents would gather ‘round, grilling ribs, searing vegetables, and baking buttery breads. We swam in muddy ponds and hightailed across our properties in four-wheelers. All the while, the children, teenagers, and adults would take turns practice shooting a variety of revolvers, magnums, bolt-action rifles, and muzzleloaders.

This is a Sherwood tradition- we all know how to responsibly fire a weapon.

In my family, gun ownership is a serious endeavor. I vividly remember my uncle and my dad explaining to my sister and me that guns can and do often kill other human beings. To own and operate a gun is to have access to an awesome power, and we only used this power under the strict supervision of properly-trained adults. Firing a gun required two things: every person on the property was safely accounted for and our parents knew beyond the shadow of a doubt that we were mature enough to grapple with the destructive power in our still-growing hands. Today, I am thankful for being desensitized to firearms. I can watch someone shooting a gun and know if they have good or poor form, how to properly handle the weapon, and have the maturity to wield it. Most of the Sherwoods have taken at least one, if not several, Tennessee Hunter’s Safety Courses. This too was crucial to our firearm education. Additionally, many of us have Conceal & Carry permits. This is not to say the Sherwood clan only buys guns just to keep them; we have several avid hunters in our ranks. For us, hunting is a sacred tradition with specific rules we abide by. I was taught never to overhunt in an area – disrupting animal populations would wreck local ecosystems. Thankfully for us, East Tennessee has an overpopulation of deer, meaning local hunters can bag and tag a regulated amount of these animals without destroying the Tennessee natural ecology. In fact, by hunting excess deer, wild apex predators are kept in check and the vegetation deer overconsume is conserved. Descending from a long line of Cherokee Native Americans, instilled in every Sherwood is an understanding that we, like our ancestors, have a responsibility to care for the land around us. Hunting is part of that responsibility.

A Portrait of the Responsible Gun Owner

With this upbringing in mind, when acts of mass gun violence rip through the social fabric of America, I am thrust into a dissonant space. How do I reconcile my upbringing of responsible gun ownership with the dire need to regulate these weapons – for the safety of all Americans? Parsing through these issues, the Institute for Human Rights is currently running a series on gun control in response to the horrific massacres of school-children throughout the United States. It is my intention to show that responsible gun owners do exist, and they too must be a part of this conversation. Moving towards reconciliation of these two issues, public safety and private liberty, I have these questions:

  • What is responsible gun ownership?
  • Is it a regulatory process that educates the general population on gun safety protocols or an ethos of responsibility? Is it both?
  • Does gun control involve federal law, perhaps barring ownership from individuals with moderate to severe psychopathologies, histories of criminality, or a lack of maturity to handle weapons?
  • Is gun control a responsibility to protect the gun owner from his or her own mistakes in handling the weapon, or is gun control a responsibility to protect society at large from individuals with the sole intent to do as much damage in the least amount of time?
  • How do we reconcile the responsibility to protect the most defenseless members of society with the responsibility to protect freedom of thought and behavior?
  • What institutions bar authentic and transformative debates from occurring in the American public sphere and within global civil society at large?

What is undeniable is this: no productive and sustainable progress in gun control will take place without the inclusion of responsible gun owners within the conversation. And all gun owners must accept that governmental limitations on gun ownership is not an existential threat to one’s personal liberty. This limitation is a recognition that an individual’s participation in society requires a widening of responsibility to protect not only one’s immediate family and friends but also the protection of all members in a society. What we are facing here is a tension between individual liberty and the need for a cosmopolitan protection of all members within a society. To resolve this tension, we must first acknowledge that a solution is indeed possible, and that we already have the necessary tools to move towards successful resolution.

Towards this end, we must first define an oft-nebulous construct: responsible gun ownership. I propose a “responsible gun owner” possesses the following qualities:

  1. a working knowledge of local, regional, and national laws that dictate the possession and usage of any and all types of firearms,
  2. a vetting by official state authorities (such as the local police and / or military personnel) on said knowledge of gun possession and usage,
  3. is of sound mental health (yes, this advocates for universal mental health background checks upon purchase of any firearm),
  4. constant usage of a locked gun safe that prevents children and other unqualified persons from accessing firearms,
  5. has undergone a rigorous criminal background check, with a waiting period before firearms can be purchased, requiring an utter absence of violent and harassment-based crimes, such as stalking and intimate partner violence,
  6. an acceptance that gun ownership will always be a contested issue that must be resolved through constant dialogue between all invested parties with concessions on all sides,
  7. a commitment to solution-focused resolution rather than a problem-focused resistance to negotiating gun ownership.

This last point is especially salient. Any meaningful conversation on gun control must arise from a negotiation between second amendment advocates and gun control advocates.

Too often (on both sides of the spectrum) the prevailing narrative of this discourse is a blanket denial of the rights, responsibilities, and needs of all involved parties.

Specific institutions promote this denial and antagonism, thereby promoting a particularly insidious form of structural violence and resistance to civil dialogue. I speak specifically of the National Rifle Association.

A man photographs the National Rifle Association logo.
“NRA” by Bart, Creative Commons.

The National Rifle Association’s Culpability

In the aftermath of the massacre at Marjory Stoneman Douglas High School, the National Rifle Association (NRA) participated in a town hall on gun policy in America. In attendance were survivors from the high school, Senator Marco Rubio, local politicians, and the NRA’s spokeswoman, Dana Loesch. Ms. Loesch, a one-time contributor for Breitbart News and Glenn Beck’s The Blaze, relied heavily on her familiar stumping strategy: invoking the maternal instinct as an emotional appeal to advocate for gun ownership. She and other members of the NRA assert a broad dissemination of guns throughout American society (their opinion of who deserves such weaponry is inconsistent, to say the least) is one of the most promising methods to protect children and other marginalized groups in America from the “people who are crazy” who possess guns. Essentially, the NRA argues more guns in society increase the chances that “good guys with guns” will deter or kill the “bad guys with guns”. This is, of course, tautological.

Flooding the market with guns would increase the likelihood that these “crazy” people get ahold of a firearm. After all, the NRA has made no serious attempt to advocate for mental health reform in response to calls for tightened gun control. The ‘mental health’ argument has long been a smokescreen of the NRA, a method of distraction to bait the normally health-promoting left a fight on mental health care reform. This bait-and-switch technique is a political gambit used by an inherently political institution, and it does a disservice to responsible gun owners throughout the United States.

Furthermore, it duplicitously reduces individuals with mental health issues to be political pawns; this reduction is utterly dehumanizing and offers no solution to the massive structural issues facing access to mental health care in America.

These theatrics add to the antagonism on both sides of the issue. Of course, a critical question remains regarding why such controversy exists: who stands to benefit from these bitter feuds? The answer is overwhelmingly politicians.

Millions of dollars of contributions from the NRA have fundamentally altered how politicians are able to fundraise, which politicians receive adequate funding to mount serious campaigns, and (this is most concerning) when or if a given politician will advocate for common-sense, widely-supported gun control policies in the face of unspeakable tragedy. This puppeteering is, by its very nature, anti-democratic and antithetical of American ideals. This ability to openly buy politicians, including Presidents of the United States, is an existential threat to American democracy. Add in the suspected ties to Russia and the political jockeying on display during CNN’s Town Hall, and you have a political institution that effectively and openly operates as a site of political nepotism and deception. Topping it all, the National Rifle Association has been linked to white supremacy ideology and it’s spokeswoman, Ms. Loesch, accused of encouraging violence as an acceptable form of response for critiquing the NRA. This dimension of intentional structural violence transforms the NRA from an institution not only engaging in political bribery, but also one that reflects tendencies of homegrown terrorism.

In my opinion and personal experience as a responsibly-trained gun user, the National Rifle Association functions a terrorist organization stoking fear and tribalism, thereby driving responsible gun owners away from the debate table on this issue.

Support for the NRA is a moral failure to denounce election-buying, white nationalism, and foreign meddling in the American political system. This support is an abject failure to protect American society from treacherous forces undermining a functional society, and this failure is far beneath the maturity and discipline typically shouldered by responsible gun owners throughout their mastery of weapons capable of both indiscriminately murdering and responsibly nourishing.

Conclusion

As I have stated, responsible gun owners do exist. These individuals see the inherent danger and power in firearms and acknowledge that controlling this power requires specialized education, careful observation, and highly specific locations where guns may be appropriately used. Responsible gun owners must hold other gun owners responsible, whether leading by example or calling out inappropriate practices as they occur. This responsibility extends not only to other gun owners, but to the American public as well. The conversation on gun control requires an intentional suspension of disbelief from both camps in order to find a middle ground in the issue.

I assert responsible gun owners have the moral responsibility to inclusively and adroitly address the legitimate calls for disarmament in the face of such abject horrors and losses exemplified by the recent school shootings throughout America. Without genuine participation in this exchange, gun owners lose the opportunity to educate the public on successful encounters between liberty and responsibility, and they may well lose their firearms as a result. An unwillingness to come to the discussion table with open ears and clear heads will result in the marginalization of responsible gun owners unless they are willing to make strident concessions in the ongoing debate of gun control. Similarly, gun control advocates must accept that responsible gun owners do exist, and these individuals have a constitutional right to bear arms.

The only way the mayhem will stop, the only way lives can be saved, is if both sides accept the only way towards a meaningful and equitable solution for all involved parties will require an intentional partnership to confront and transform the meaningless violence that currently terrorizes the safety of many Americans – most notably schoolchildren.

The first step in this partnership must be a resounding denunciation and deconstruction of the practices and ideologies of the National Rifle Association. You are not a responsible gun owner if you support the NRA in its current form. Only once the NRA has been disbanded, its latent ideology of political radicalism reconciled, can authentic encounters between gun control advocates and responsible gun owners reshape the horrifying trends of gun violence currently annihilating the safety and wellbeing of schoolchildren and marginalized groups throughout the Unites States.